Category Archives: Italy

IOM and World Islamic Call Society Seminar (6 July Tripoli) (Conferences)

The seminar will address the Italian Government-funded project known as Prometeo – Promoting Management and Expertise for Trafficking Eradication and Opposition.  Participants include the Libyan Government and local NGOs, WICS, the International Organization for Peace, Care and Relief (IOPCR) and Al Wafa.

Click here for IOM notice.

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Italy Forcible Returns 89 More Migrants to Libya (News)

The 89 migrants, including woman and children, were reportedly first taken on board the Italian Navy patrol boat Orione which took them to an off-shore oil production platform owned by Agip located within Libyan territorial waters where the migrants were transferred to a Libyan vessel which then took them to Libya.

COE Human Rights Commissioner Thomas Hammarberg criticised the action.  “[It is] absolutely right” that not everyone who arrives in Italy has the right to asylum, but ”they certainly have the right to ask for it”. ”With [their immediate return to Libya], this is denied to them, as is the possibility that their claims are evaluated according to the principles of human rights.”

Click here and here and here for ANSA, Di-Ve, and Times of Malta reports.

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Italian Chamber of Dep. Speaker Fini Criticises Summary Repatriation Policy (News)

ANSA reports that Gianfranco Fini’s comments made in Madrid at a forum organised by the El Mundo newspaper “appeared to put the speaker, who belongs to Premier Silvio Berlusconi’s People of Freedom party, at odds with the government’s controversial policy of immediately returning immigrants rescued in the Mediterranean to Libya.”

“Fini was praised for his stance by the [Italian] opposition Democratic Party’s Deputy House Whip, Gianclaudio Bressa, who said it was ‘’good to establish that Fini is on (our) side of the debate’.

“… Italy has sent back over 600 would-be migrants since the launch of the policy on May 6 as part of a historic friendship deal with Libya, the main stepping-off point for immigrants.

Click here for the article.

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¿First Frontex Forced Repatriation Operation? (18 June Repatriation Near Malta) (News)

Malta Today reported that the forced repatriation operation involving 74 migrants that took place on 18 June was the first time that Frontex ever coordinated a forced repatriation operation at sea.

“Even though the migrants were intercepted by an Italian coast guard boat, the same migrants, that included women and children, were identified by a Frontex asset that followed the operation through.”

The operation, part of Nautilus IV, used a German helicopter, the Italian coast guard, and a Libyan patrol boat.

Click here for article.

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AI USA: Lives in danger as European governments deny refugees protection (Statements)

blog-ai usa logoAI USA Statement on World Refugee Day

19 June 2009

“[***]  Countries at Europe’s border are showing a flagrant disregard for their international obligations towards refugees:

“*Italy is intercepting refugees in international waters and physically transporting them, without assessing their protection needs, to Libya, where migrants, asylum-seekers and refugees are at risk of ill-treatment and forcible return to countries where they risk serious human rights abuses.

“*Turkey continues not to recognize people from outside Europe as refugees, meaning thousands of people are denied the protection they need.

“*Greece pushes back people at its land border and sea borders with Turkey without first assessing their asylum claims. For those that do enter the country there are many legal obstacles for refugees to gain protection.

“*Spain’s bilateral agreements with several countries in Africa are used to justify the arbitrary arrest, detention and deportation of refugees, asylum-seekers and migrants in these countries.

“*Other countries in the European Union (E.U.) turn a blind eye to the increasing lack of respect for the rights of refugees and asylum-seekers at the E.U.’s borders as they attempt to receive fewer refugees themselves. Every year, thousands of asylum seekers are transferred under the “Dublin II” system to countries where the rights of refugees and asylum-seekers are inadequately protected.

“On World Refugee Day, Amnesty International warns E.U. states that their actions are undermining the protection of refugees not only in their own countries but across the world, by sending a dangerous message on the treatment of refugees. All countries must meet their obligations towards refugees and asylum-seekers not only within their own borders but wherever they exercise effective control.

“Background

“Italy [***] Between May 6-11, approximately 500 people were intercepted by Italy [in international waters] after they sent rescue requests and were transported to Libya, where Italy claimed they could seek protection. They included people from Somalia, Eritrea and other African countries. [***]

“Turkey [***] Turkey is effectively the only state party to the Refugee Convention that does not recognize people from outside Europe as refugees, meaning thousands in need of protection are denied it. Asylum-seekers are often arbitrarily detained for extended periods in poor conditions, and subjected to ill-treatment. Further, forcible returns of individuals from Turkey to countries where they face serious human rights abuses are common. [***]

“Greece [***]  Currently Greece is attempting to amend domestic law to further restrict protection by eliminating the right to an effective substantive appeal in the asylum system, in breach of international and European law. Furthermore, serious concerns over the detention conditions of asylum-seekers and migrants continue to exist. [***]”

Click here for link to AI USA statement on their web page.

Click here for more detailed AI USA press release.

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Filed under Eastern Atlantic, European Union, Greece, Italy, Libya, Mediterranean, Spain, Statements, Turkey

Respinti 76 migranti Erano su un barcone segnalato ieri al largo di Lampedusa (News)

Blog - ANSA 21 june 09ANSA – PALERMO, 19 GIU – Nuovo respingimento nel Canale di Sicilia: un barcone con 76 migranti, e’ stato intercettato da una motovedetta della Guardia Costiera.Il barcone era stato segnalato ieri a 29 miglia a Sud di Lampedusa, in acque di competenza maltese per quanto riguarda le operazioni di ricerca e soccorso. Secondo fonti militari maltesi, gli extracomunitari, tra cui donne e bambini, sarebbero stati consegnati a una motovedetta libica e riportati a Tripoli.

Click here for link.

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UNHCR award to Captain and owner of Turkish ship (News)

Blog - UNHCR logoBlog - MV Pinar

UNHCR award to Captain and owner of Turkish ship which rescued migrants in Mediterranean

UNHCR’s Ankara office presents its first  “Hope Refugee Award” in celebration of 20 June World Refugee Day to the Captain and owner of the Panamanian flagged Turkish ship MV Pýnar which rescued 142 African migrants in April 2009.  The ship and the rescued migrants were the subject of an ensuing stand-off between the governments of Italy and Malta regarding who would receive the migrants.  (See BBC: Italy takes in stranded migrants.  Click here.)

‘Mr Tuygun and Mr Erdogdu earned the Award for demonstrating a great sense of responsibility to assist to those in distress at sea. This is a longstanding maritime tradition as well as an obligation enshrined in international law,’ said the UNHCR Turkey office spokesman. However, in recent similar situations, the disputes between states on who should allow the disembarkation of rescued people ‘has discouraged ships and fishing boats from helping, penalising both them and the migrants.’

Click here for Maritime Journal article.

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Filed under Italy, Malta, Mediterranean, News, Turkey, UNHCR

CIR: Libya Should Respect its International Obligations for the Protection of Refugees (Statements)

Statement of the Consiglio Italiano per i Rifugiati (Italian Council for Refugees)

“We would like to recall that Libya has ratified the 1969 Convention on the specific problems of refugees in Africa” said the Chairman of the Italian Council for Refugees (CIR), Savino Pezzotta. . . .

“Libya is also bound by the UN Covenant on Human Rights of 1966 and has formally recognised the principles of respect for human dignity and of treatment in conformity with basic rights of the person without distinction by nationality, ethnic or religious belonging. . . .

“CIR reiterates that there are no conditions whatsoever which allow to push back asylum seekers or refugees to Libya or other north African Countries. . . .

“CIR appeals to the Italian Government and to the European Union to stop immigration policies of pushing back indiscriminately people from whatever place where they are under effective control of Italian or European authorities. . . .

“[T]he Italian Government in accordance with the European Union must share responsibility and burden laid on the Libyan authorities to guarantee dignified reception of hundreds of thousands migrants and refugees presently staying on the Libyan territory.”

For the full text of the CIR’s Statement, click here.

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IOM Partnership with Libyan Civil Society Assists Detained Migrants (News)

IOM, Friday, 12-06-2009

“The IOM office in Libya has entered into a key partnership with three leading Libyan non-governmental organizations (NGOs) to provide much-needed humanitarian assistance to undocumented migrants who are currently detained for immigration law violations. This partnership with the World Islamic Call Society (WICS), the International Organization for Peace, Care and Relief (IOPCR) and Al-Wafa, has allowed IOM to provide [aid].  [***] [***] since the start of joint Italian-Libyan patrols in the Mediterranean in May this year, there has been a dramatic decrease in the number of irregular migrants arriving on the Italian island of Lampedusa, with centres on the island now completely empty of migrants. [***]”

Click here for IOM statement.

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AI Statement re Italy – Libya agreement (Statements)

Blog - AI logo

AI Statement re Gaddafi visit to Italy and ‘illegal migration’ agreement

12 June 2009

“Libyan leader Mu’ammar al-Gaddafi concludes his three-day visit to Italy on Friday, amid criticism from human rights groups of the irregular migration control co-operation between the two countries and attempts by Italy to “contract out” to Libya its obligations to provide protection to refugees and asylum seekers.

“Amnesty International has called on both countries to make human rights an integral part of migration control policies and to uphold the rights of refugees, asylum seekers, and migrants.

“In August 2008, both countries agreed a Treaty of Friendship, Partnership and Co-operation, including provision for bilateral efforts to combat “illegal migration” through joint patrolling of the sea. [***]

“[***] Libya has agreed, amongst other things, to tighten control of its territorial and international waters and accept disembarkation on its soil of migrants, asylum seekers and refugees intercepted at sea by Italian vessels. Italy has been reported to have also undertaken to provide resources, including technology for control of migrant flows through the southern borders of Libya.

“Italy and Libya should grant protection to those fleeing persecution and conflict, not treat them as mere commodities in deals which aim at avoiding international obligations with regards to the treatment of migrants, asylum-seekers and refugees,” said Amnesty International. “Co-operation between the two countries cannot in effect be ‘contracting out’ to Libya the management of migration flows, especially not when Libya has a poor record when it comes to the treatment of refugees, asylum seekers and migrants.

“In 2008, there were allegations of the torture and other ill-treatment of refugees and asylum-seekers and migrants; which the Libyan authorities failed to investigate. Refugees and asylum-seekers were not afforded protection as required by international law, as Libya has no functioning asylum system.

“Against this backdrop, Italy has said it will forcibly return individuals setting off from Libya who are intercepted before they reach Italian shores.

“On 6 May, three vessels with an estimated 227 third-country nationals on board sent out distress calls while passing about 50 miles south of the Italian island of Lampedusa. A dispute between the Maltese and Italian government over who had responsibility may have delayed rescue operations.

“Eventually, two Italian coastguard vessels took the migrants to Tripoli in Libya, without stopping in an Italian port. The Italian Minister of the Interior Roberto Maroni was reported to have called it “an historical achievement after one year of bilateral negotiations with Libya.

“Further interceptions and returns have occurred: according to official information from the Ministry of the Interior in Italy, between 6 and 11 May, around 500 individuals including those from Somalia, Eritrea and other Sub-Saharan African countries were returned to Libya after being intercepted by Italian vessels at sea.

“The actions, however, constituted a breach of Italy’s obligations, including the duty not to send individuals to a country where they are at risk of persecution (the principle of non refoulement) and to provide access to a fair and satisfactory asylum procedure. These obligations stem from the fact that these individuals were under the effective control of the Italian authorities even though they did not step foot on Italian soil.

“The UN refugee agency criticized these actions and urged Italy “to ensure that people rescued at sea and in need of international protection receive full access to territory and asylum procedures.

“On 14 May, the Italian government handed over to Libya three patrol boats to monitor its Mediterranean coastline in joint operations with the Italian Navy. A further three boats have been promised.

“From 15-23 May, a human rights fact-finding team from Amnesty International visited Libya –   the first such visit since 2004.

“During their time in Libya, Amnesty International delegates were only allowed to pay a brief visit to the Misratah Detention Centre, some 200 km from Tripoli, in which between 600 and 700  alleged irregular migrants mostly from other African countries are held in severely overcrowded conditions.

“Many have been detained since they were intercepted while seeking to make their way to Italy or other countries in southern Europe.

“Those held at Misratah may include refugees fleeing persecution, including Eritrean and Somali nationals; but as Libya has no asylum procedure and is not a party to the UN Refugee Convention or its 1967 Protocol, foreign nationals, including those in need of international protection, may find themselves outside the protection of the law.

“There is also virtually no opportunity for detainees to lodge complaints of torture and other ill-treatment to competent judicial authorities or to challenge the grounds of their detention. Some of the Eritrean nationals, who comprise a sizeable proportion of those detained at Misratah, told Amnesty International that they had been held there for two years.

“In its meetings with government officials, Amnesty International expressed concern about the detention and alleged ill-treatment of hundreds, possibly thousands, of individuals whom the authorities assume to be irregular migrants, and urged them to put in place proper procedures to identify asylum seekers and refugees and afford them appropriate protection.

“Amnesty International also urged the Libyan authorities to cease forcible returns of individuals to their countries of origin where they might be at risk of serious human rights violations, and at the very least to find a better alternative to detention for those individuals whom they are not able to return to their countries of origin for this reason.”

Click here for full statement.

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Treaty on Friendship, Partnership and Cooperation Between Italy and Libya: New Prospects for Cooperation in the Mediterranean? (Analysis)

Documenti AIA: N Ronzitti, The Treaty on Friendship, Partnership and Cooperation Between Italy and Libya: New Prospects for Cooperation in the Mediterranean?

Excerpt:

“Art. 19 of the Treaty calls for two things in … respect [to the fight against illegal immigration, in particular via sea]. On the one hand, previous agreements and protocols on immigration, in particular those stipulated in 2007, are to be implemented, and the approximately 2000 km of Libyan coast patrolled by mixed crews on patrol boats provided by Italy. Six patrol boats are supposed to enter into operation on 15 May 2009.10 On the other, Libyan land borders are to be controlled by a satellite detection system jointly financed by Italy and the European Union. The system is quite expensive – even though the financial commitment has not yet been determined– but it does not involve the deployment of Italian police forces.”

Click here for article.

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AI Fact-Finding Visit to Libya, including Misratah [migrant] Detention Centre (Reports)

Blog - AI logoDocument – Libya: Amnesty International completes first fact-finding visit in over five years

AMNESTY INTERNATIONAL

PUBLIC STATEMENT

AI Index: MDE 19/003/2009

29 May 2009

“[***]  Amnesty International was also able to undertake a brief visit to the Misratah Detention Centre, some 200 kilometres from Tripoli, in which several hundred alleged irregular migrants from other African countries are held in severely overcrowded conditions, and to interview several of those held there. Many have been detained since they were intercepted while seeking to make their way to Italy or other countries in southern Europe, which look to Libya and other North African countries to staunch the flow of irregular migrants from sub-Saharan Africa to Europe.

“Worryingly, Misratah, like Abu Salim Prison in Tripoli, appears to be controlled by the General People’s Committee for Public Security rather than the Justice Committee, and to be outside the jurisdiction of the public prosecutor or other judicial authorities. Those held there may include refugees fleeing persecution, but as Libya has no asylum procedure and is not a party to the Refugee Convention or its 1967 Protocol, foreigners, including those in need of international protection, may find themselves outside the protection of the law. There is also virtually no opportunity for detainees to lodge complaints of torture and other ill-treatment to competent judicial authorities.

“In its meetings with government officials, Amnesty International expressed concern about the detention and alleged ill-treatment of hundreds, possibly thousands, of foreign nationals whom the authorities assume to be irregular migrants, and urged them to put in place proper procedures to identify asylum seekers and refugees and afford them appropriate protection. As well, Amnesty International urged the Libyan authorities to cease forcible returns of foreign nationals to countries at which they are at risk of serious human rights violations, and to find a better alternative to detention for those foreigners whom they are not able to return to their countries of origin for this reason. Some of the Eritrean nationals who comprise a sizeable proportion of the foreign nationals detained at Misratah told Amnesty International that they had been held there for two years. [***]”

Click here or here for links to report.

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ECRE Letter to European Commission re Italy-Libya Agreement (Statements)

Excerpts from ECRE letter to European Commission Vice-President Jacques Barrot criticizing Italy-Libya Agreement

“From 7 to 10 May, the Italian navy has seized several refugee boats in international waters and pushed them back to Libya. Over 500 boatpeople, amongst them pregnant women and numerous children, have been denied basic human rights.

“The diversion practices of Italian authorities violates international refugee law and the European Convention on Human Rights. Access to asylum procedures in the European Union is being inhibited.

“In Libya the pushed back protection-seekers are threatened by refoulment to persecuting states. In Libya a system for refugee-protection does not exist. Until today the country has refused to sign the 1951 Refugee Convention.

“A clear condemnation of Italy for its violations of international and European law, as well as the initiation of an infringement proceeding against the Republic of Italy are urgently called for.

“The police-cooperation with Libya, which is intended to cut off escape routes of protection seekers to Europe, is to be clearly dismissed.

“We are convinced that the European Union will severely damage the international refugee-protection-regime and lose its credibility referring to human rights issues, if it fails to sanction this violation of human rights in hundreds of cases.”

Click here for full text of letter.

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Libya receives 3 patrol boats from Italy (News)

BBC: Libya given migrant patrol boats – 15 May 2009

‘The Italian government has given Libya three patrol boats as part of a deal aimed at combating the flow of illegal migrants making the crossing to Italy.   The agreement between Tripoli and Rome to maintain joint naval patrols in the Mediterranean was signed earlier this month and comes into force on Friday.  [***] An additional three boats will be handed over to Tripoli in the coming weeks. The vessels will take part in joint patrols with the Italian navy from Friday.  [***] Last week, the Italy transferred more than 200 stranded migrants to Tripoli after the Libyan government agreed to their immediate return.  Mr Maroni said the move marked a “turning point”, but the UN’s refugee agency and the Vatican both said the policy breached international law and risked turning back legitimate asylum seekers. Libya has no functioning asylum system and is not a party to the 1951 UN convention relating to the status of refugees. [***] Correspondents say many Italians believe their country is being left on its own by the EU to deal with the problem of illegal immigration and are ready to support stricter measures to control the flow.’

Click here for full article.

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